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预约合同在我国实践中被广泛采用,有必要对其特殊之处予以分析。文章探讨了预约与本约的确定,预约与其他类似合同的区别,以及预约的效力,并指出,预约应包含有订立本合同的意思表示,以及本合同的标的及数量,否则无法确定。违反预约合同,债权人是否可以主张强制履行订立本约之义务,应视本约之订立是否可能而定。
Appointment contract in our practice is widely used, it is necessary to analyze its special features. The article discusses the appointment and the appointment of the contract, the difference between the appointment and other similar contracts, as well as the effectiveness of the appointment, and pointed out that the appointment should include the expression of the meaning of the contract, as well as the subject and number of the contract, otherwise it can not be determined. In violation of the appointment contract, whether the creditors can advocate the mandatory performance of the obligation to enter into this contract, depending on whether it is possible to make the contract.